Legal Opinion

Cox v. Collins

Supreme Court of Alabama

Decided April 14, 1921No. 6 Div. 175PublishedCited by 6 opinions

Appeal from Circuit Court, Jefferson County; Horace Wilkinson, Judge. Action by J. R. Cox against Thomas Collins for damage for breach of an agreement to convey land. From an adverse ruling on the pleading, plaintiff took a nonsuit, and appeals. Suit by appellant against appellee. Prom the ruling of the court sustaining demurrers to the first count of the complaint plaintiff took a nonsuit with bill of exceptions to review such rulings.

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Appeal from Circuit Court, Jefferson County; Horace Wilkinson, Judge. Action by J. R. Cox against Thomas Collins for damage for breach of an agreement to convey land. From an adverse ruling on the pleading, plaintiff took a nonsuit, and appeals. Suit by appellant against appellee. Prom the ruling of the court sustaining demurrers to the first count of the complaint plaintiff took a nonsuit with bill of exceptions to review such rulings. Count 1 is as follows: “Plaintiff claims of the defendant $3,0Q0 damages for the breach of an agreement entered into by him heretofore, to wit, on the 17th…

1Opinion of the CourtGardner, J.

This litigation arises out of a contract for the sale of lands, which is set out in the complaint and will appear in the statement of the case, and count 1 discloses that the plaintiff relies upon the language of the contract as establishing a warranty as to the quantity of land; this suit being brought for a breach thereof.

[1] The question of prime importance therefore is whether or not the contract imports a covenant of warranty as to quantity. This question is usually reduced to another, whether or not the contract shows a sale of the lands in gross or a sale by the acre.

“The general rule…

2Cases cited9 opinions

  1. Crislip v. CainWest Virginia Supreme Court · 1882
  2. Hodges v. DennySupreme Court of Alabama · 1888
  3. Wright v. WrightSupreme Court of Alabama · 1859
  4. Minge v. SmithSupreme Court of Alabama · 1840
  5. Manning v. CarterSupreme Court of Alabama · 1915

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Bankhead v. JacksonSupreme Court of Alabama · 1952
  2. Byars v. SandersSupreme Court of Alabama · 1927
  3. In Re Estate of HagerSupreme Court of Iowa · 1931
  4. Gadsden Brick Company v. CranfordSupreme Court of Alabama · 1961
  5. Lessley v. BeairdSupreme Court of Alabama · 1936

1 more not listed; retrieve them via the Exa API.

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